Asking or forcing a woman for sexual favours, using foul language or any other physical and moral conduct that can make a woman feel uncomfortable and unsafe constitutes an act of sexual harassment. The number of cases relating to sexual harassment with women in India has proliferated in the past couple of years. The fact that almost 60% of these cases go unreported adds to the distress!

Workplace has been seen as a common place where women are subjected to sexual harassment. Women employees are seen as an easy target pertaining to the generic belief that a woman can be silenced when threatened with her job. As a deterrent to the nuisance of women’s sexual harassment at workplace, the Sexual Harassment Of Women At Workplace (Prohibition, Prevention And Redressal) Act, 2013 was enacted.

Definition of Sexual Harassment at Workplace

Sexual harassment at workplace can take the form of promises made for preferential positions and promotions in exchange for sexual favours, unwanted physical contact and advances, unwelcome physical, verbal or non-verbal conduct of sexual nature, showing pornographic material or passing any perverted remarks.

The fact that the victim of sexual harassment in workplace is an employee drawing any amount of salary, honorarium or voluntarily in a government, public, domestic or private enterprise does not affect the employer’s liability to provide safe and comfortable working environment for all the employees. Protection to a woman at her workplace must be provided irrespective of her age, employment status, etc.

Laws relating to Sexual Harassment Of Women At Workplace

Sexual harassment at workplace is unethical, unprofessional, dominating but also an unlawful act which is punishable under Sexual Harassment Of Women At Workplace Act, 2013. The Act aims at creating awareness against harassment and gives a platform to the women employee to file a complaint against sexual harassment at workplace. The Act explicates the kinds of harassment that may take place at a workplace and the legal action that can be taken against the employer or co-worker.

Sexual harassment also constitutes violation of the fundamental rights of a woman under Articles 14, 15 and 21 of the Indian Constitution. Articles 14 and 15 deal with the right to equality and Article 21 with the right to life and to live with dignity. It is also a fundamental right of the Indian citizen to be able to practise any profession and carry out any occupation without any discrimination.

Harassment that includes offensive comments or suggestions about someone’s sex is sexual harassment. Sexual harassment in the workplace is a criminal offence under Section 354A of the IPC, 1860 and is punishable with imprisonment that may extend up to a period of 3 years, with or without fine. Section 509 of the IPC also lays down the punishment to anyone who outrages the modesty of a woman as simple imprisonment for up to 1 year, with or without fine.

To help the aggrieved woman in filing a formal complaint against the accused and help the government authorities in furtherance of any such complaint by making all the necessary information available.

How to deal with Sexual Harassment in Workplace?

A woman aggrieved of any act amounting to sexual harassment at workplace can take the following steps to take a legal action against the employer or co-worker involved in such act:

File a complaint with the HR department or Internal Complaints Committee: A complaint can be filed within 3 months of the date on which the last incident of harassment took place. The first contact must be made to the HR department to inform them about the incidents. However, in case of no action from the HR department, the next step is to inform the Internal Complaints Committee (ICC) about the incidents. The ICC is required to complete the inquiry within 90 days from the date it received the complaint. A report must be sent to the employer and the District officer within 10 days of completing the inquiry. The ICC can take the necessary actions to subdue the issue including counselling, giving a written warning to the accused, transferring the accused or victim to another department or branch of the company, suspension or termination of the accused, withholding the promotion or increment of the accused, or even paying compensation to the victim out of the salary of accused.

File an appeal with the Court: Once the employer or District Officer receives the inquiry report, an action must be taken within 60 days. However, if the victim is not satisfied with action recommended or the report submitted, an appeal can be filed with the appropriate court through a good employment and labour lawyer in India.

File a Criminal Complaint against the accused: A criminal complaint can be filed against the accused for any word, act or gesture that amounts to sexual harassment. A criminal complaint can be filed with the help of a criminal lawyer in India.

From the #MeToo Movement to the cases of Uber, Tehelka or TVF, sexual harassment at workplace is that elephant in the room that no one wanted to address until a few years ago! The POSH Act, 2013 has empowered every woman employee in India to ascent against the stigma and made every employer accountable for the well-being and protection of his employees.

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By Advocate Sagar Kothari / 03 Mar 2017
Harassment at work is among the more prevalent forms of employment suits. Harassment can happen between an employee and an employer, between workers, or with possible candidates for employment. Nevertheless, many issues can be raised by false accusations of harassment and will waste a large number of resources and time.» Read More

By Advocate Atit Jain / 27 Oct 2016
A survey by the Indian National Bar Association (INBA), conducted earlier this year, found that of the 6,047 participants (both male and female), 38% said they’d faced sexual harassment at the workplace. Of these, 69% did not complain about it.» Read More

By Team Legistify / 09 Aug 2017
The Sexual Harassment of Women at Workplace Act retains the essence of the earlier Vishakha Guidelines postulated by the apex court in Vishaka Case. A comprehensive lowdown on what are the various laws and resources available against sexual harassment at workplace. » Read More

By Shivi Gupta / 24 Oct 2018
Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, an employer has many duties, including the obligation to provide a safe working environment for women employees.» Read More

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He is an expert in various fields. His legal dynamis includes spectrums like Arbitration, Debts Recovery, Consumer Protection, Divorce& Alimony and all kinds of Matrimonial Disputes. He also offers his professional services in Labour laws and Property matters. Apart from his extensive legal knowedge, he is also well versed with the art of research and drafting and offers services in drafting of legal documents or Contracts.
He regularly appears before the Hon'ble Odhisa High Court, where is well known for his abilities, District Court Cuttack and the District Court Bhubneshwar. Apart from the judicial forums, he also takes up cases before quasi judicial bodies such as the Debts Recovery Tribunal Cuttack and the Central Administrative Tribunal Cuttack.
He got himself enrolled with the Bar in 2013.

Advocate Vikrant C Deshpande completed his law from the Mumbai University and Diploma in Personnel Management from Prin. L. N. Welingkar Institute of Management Development & Research, Mumbai in 1998 and got enrolledwith the Bar Council of Maharashtra and Goa that very year. He provides services in Family Law, GST, Property and Civil matters to name a few as well as drafting and vetting of various agreements and documents.
Having gathered great experience in the field he provides services in fair and transparent manner with result oriented approach. He is very supportive and friendly to his clients both professionally and ethically. He is consistent and precise in identifying strength and weakness of the matters. He believes that a proper legal advice to a client and litigant can be given after considering the entire matter. His analytical, logical and client-friendly approach makes him a well-founded advocate for assistance

Advocate Avinav Rau has been practicing judiciously and serving the legal fraternity in Bombay High Court and District Court Pune for more than 4 years.
He is professionally dealing with cases in the field of law pertaining to Consumer Protection, Default/Fraud, Employment, Insurance and Property Law.
Advocate Avinav Rau focuses on comprehending the needs of the client and providing with efficient quality work and legal information. He believes that a proper legal advice to a client and litigant can be given after considering the entire matter. He is consistent and precise in identifying strength and weakness of the matter. His analytical, logical and client-friendly approach makes him a well-founded advocate for assistance

Top Consulted Employment Advocates

Advocate Achappa P. B has been practicing for over 14 years and have earned a great name for himself in the fraternity. His legal practice career has seen an exponential and tremendeous growth over all these years.
Achappa provides services in various fields of civil litigation, criminal laws, cheque bounce, family matters, consumer cases, landlord/tenant issues, revenue cases, matrimonial disputes and drafting and vetting of various agreements and documents.
Advocate Achappa enrolled with the Bar Council of Karnataka in 2003 and is a member of the Advocates Association of Bangalore.

Advocate Vikram Singh, having completed his LLB from Punjab University, has been practicing since 2008. He is a very skilled and competent lawyer from Chandigarh with a very professional attitude and result oriented approach. He boasts extensive legal knowledge and sound arguing abilities with rich 9 years of experience.
He handles matters pretaining to various spectrums of law, including; Aribtration matters, Armed Froces Tribunal issues and Civil Litigation. He is also an expert in Criminal Defense and Famili Law.
Advocate Vikram Singh regularly appears before the Hon'ble Punjab and Haryana Hight court and the Armed Forces Tribunal.
He was enrolled with the Bar Council in 2008.

Advocate K Mondal has been practicing judiciously and serving the legal fraternity in Armed Forces Tribunal (AFT) Kolkata, Bankshall Court Kolkata and Calcutta High Court for more than 6 years.
He holds expertise in Property Verification, Registration and Quick Searching. He also deals with Matrimonial, Divorce, Electricity Consumer Forum, D.R.T, Tribunals, Documentation, online case management matters.
Advocate K Mondal focuses on comprehending the needs of the client and providing with efficient quality work and legal information. He believes that a proper legal advice to a client and litigant can be given after considering the entire matter. He is consistent and precise in identifying strength and weakness of the matter. His analytical, logical and client-friendly approach makes him a well-founded advocate for assistance.

Advocate Sandipan Mohanty, a talented and competent young lawyer from Odhisa, boasts his sound legal knoweledge and excellent resreach skills. He is an excellent counsel and his court room antics are renowned by various justices and lawyers. He is very professional and approaches the legal profession with passion and hardworking attitude. He completed his BA LLB(Hons.) from the Rajiv Gandhi National University of Law, Patiala.
He is an expert in various fields. His legal dynamis includes spectrums like Arbitration, Debts Recovery, Consumer Protection, Divorce& Alimony and all kinds of Matrimonial Disputes. He also offers his professional services in Labour laws and Property matters. Apart from his extensive legal knowedge, he is also well versed with the art of research and drafting and offers services in drafting of legal documents or Contracts.
He regularly appears before the Hon'ble Odhisa High Court, where is well known for his abilities, District Court Cuttack and the District Court Bhubneshwar. Apart from the judicial forums, he also takes up cases before quasi judicial bodies such as the Debts Recovery Tribunal Cuttack and the Central Administrative Tribunal Cuttack.
He got himself enrolled with the Bar in 2013.

Advocate Vikrant C Deshpande completed his law from the Mumbai University and Diploma in Personnel Management from Prin. L. N. Welingkar Institute of Management Development & Research, Mumbai in 1998 and got enrolledwith the Bar Council of Maharashtra and Goa that very year. He provides services in Family Law, GST, Property and Civil matters to name a few as well as drafting and vetting of various agreements and documents.
Having gathered great experience in the field he provides services in fair and transparent manner with result oriented approach. He is very supportive and friendly to his clients both professionally and ethically. He is consistent and precise in identifying strength and weakness of the matters. He believes that a proper legal advice to a client and litigant can be given after considering the entire matter. His analytical, logical and client-friendly approach makes him a well-founded advocate for assistance

Advocate Avinav Rau has been practicing judiciously and serving the legal fraternity in Bombay High Court and District Court Pune for more than 4 years.
He is professionally dealing with cases in the field of law pertaining to Consumer Protection, Default/Fraud, Employment, Insurance and Property Law.
Advocate Avinav Rau focuses on comprehending the needs of the client and providing with efficient quality work and legal information. He believes that a proper legal advice to a client and litigant can be given after considering the entire matter. He is consistent and precise in identifying strength and weakness of the matter. His analytical, logical and client-friendly approach makes him a well-founded advocate for assistance

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